Davis: Verdict was a total miscarriage of justice'

Trenton Mayor Tony Mack, left, his brother Ralphiel, second from left, and members of their defense teams walk to Federal Court from City Hall right, on the first day of Mack's corruption trial Monday Jan, 6, 2014. (Trentonian photo/Jackie Schear, @TrentonianPix)

TRENTON — Speaking for the first time since Mayor Tony F. Mack was convicted on six counts of extortion, bribery, mail and wire fraud, Mark G. Davis, the mayor’s attorney does not regret the defense he rendered.

“Reasonable doubt was raised. I would have tried this case the exact same way, if given another chance,” Davis said Sunday afternoon only two days after Friday’s verdict.

Ralphiel Mack, the mayor’s brother, who took part in the bribery scheme, was convicted on the extortion and bribery charges.

The Macks were convicted for accepting $54,000 in bribes to build an automated parking garage in downtown Trenton. The project was an FBI sting operation with a disbarred attorney and a fictitious developer paying bribes for the development.

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The mayor’s trial was Davis’ first time representing an elected official in federal court.

Throughout the month-long corruption trial, Davis did not call any witnesses, nor did Mayor Mack take the stand in his own defense.

“The government didn’t prove their case,” Davis said previously during the trial.

When asked about an appeal or what his next course of legal action would be, Davis answered, “We’re weighing our options. That’s all I intend to say about it.”

Davis was appointed by the court; he has represented the mayor since his September 2012 arrest.

The Supreme Court and the Third Circuit Courts are the only courts that can overturn a jury conviction. For an appeal, Davis must show that a legal error affected the decision in the case.

As of Sunday, Mayor Mack has not resigned and sources close to the mayor said he will report to work at City Hall on Monday.

Asked if he knew if the mayor would report to work at the start of the week, the mayor’s attorney said, “That’s none of my business.”

Mayor Mack is not the first elected official to refuse to resign after being convicted in New Jersey. He earns $125,000 as the city’s highest elected officer.

Former U.S. Sen. Harrison A. Williams (D-NJ) resigned a year after his conviction in the Abscam sting operation in 1981 while still declaring his innocence.

On Monday, a Superior Court judge will have a signed verdict sheet and an application from the U.S. Attorney’s Office where a forfeiture law will allow the court to remove the mayor from power.

City Council President George Muschal is expected to be sworn in as interim mayor once the paperwork is completed.

“There’s no ceremony planned,” Muschal said. “I just plan to go into the clerk’s office and take the oath.”

Muschal would serve as acting mayor for 30-days. City Council members then will vote on whether to appoint someone else or to allow Muschal to hold the position until July 1.

Mucshal, a former city cop, was first elected to city council when he ran for a vacant council seat after former South Ward Councilman Jim Coston resigned to take a job outside of the state.

A special City Council meeting has been scheduled for Wednesday for a private and public comments at City Hall, Muschal said.

Assemblyman Daniel R. Benson (D-Hamilton) proposed a bill to suspend the pay and benefits of indicted elected officials.

“This is a sad day for Trenton, it shows the need for legislation to prevent taxpayers from paying the salaries of indicted officials,” Benson said. “You would hope they do the right thing and resign. Unfortunately, that isn’t the case”.

Benson’s bill was introduced into the Assembly shortly after former Hamilton Mayor John Bencivengo was indicted on corruption charges. He was eventually convicted after a two-week trial.

Mayor Mack has not said a word or released a statement since the verdict was given. Calls to the mayor’s cell phone went unreturned. Anthony Roberts, the mayor’s only aide, did not respond for comment.

The mayor and his brother are both free on bond while awaiting their May 14 sentencing hearing. The city’s general nonpartisan election will be held on the day before.

“This is nothing to be proud about,” Muschal said. “I feel very sorry for the mayor and his family.”